1267T020Q0002.doc

1267T020Q0002

Refuse Collection

Black Hills National Forest

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER

977692

2. CONTRACT NO.

RFQ 1267T020Q0002

6. SOLICITATION ISSUE

DATE

09/27/2019

Brenda Oster

Contracting Officer

b. TELEPHONE NUMBER (No collect calls)

605/673-9322

8. OFFER DUE DATE/

LOCAL TIME

10/17/2019

USDA Forest Service Rocky Mtn. Acquisition Service Team

1019 N. 5th Street

Custer, SD 57730

SMALL BUSINESS WOMAN –OWNED SMALL BUSINESS (WOSB)

HUBZONE SMALL BUSINESS ELIGIBLE UNDER THE WOMEN OWNED SMALL

BUSINESS PROGRAM

SERVICE DISABLE VETERAN- EDWOSB-

VETERAN-OWNED SMALL

BUSINESS 8(a) NAICS Code 562111 Size Standard $41.5 million

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

14. METHOD OF SOLICATION

RFQ IFB RFP

Black Hills National Forest

1019 N. 5th Street

Custer, SD 57703 See Block 9

17a. CONTRACTOR/ OFFERER

TELEPHONE NO. DUNS #____________________

FAX NO.

E-Mail Address: ________________________ 18a. PAYMENT WILL BE MADE BY

USDA, OCFO, COD, APB

PO Box 60075

New Orleans, LA 70160

17b CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH

ADDRESS IN OFFER

18b. SUMBIT INVOICES TO ADDRESS SHOWN IN BLOCK 18A UNLESS BLOCK BELOW IS CHECKED SEE ADDENDUM

19.

ITEM NO

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Refuse Collection - Forestwide Black Hills National Forest Contractor must be registered in the System for Award Management (www.sam.gov) to be eligible for award of this project.

Insert your prices on pages 3 through 14.

25. ACCOUNTING AND APPROPRIATION DATA

JOB CODE

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

ARE 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5. ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ONE

COPY TO ISSUING OFFICE, CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN

29. AWARD OF CONTRACT: REFERENCE RFQ AG-05G1-S-12-00XX OFFER DATED . YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN , IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

31a. UNITED STATES OF AMERICA (Signature Of Contracting Officer)

30b. NAME AND TITLE OF SIGNER (Type or Print)

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (Rev. 2/2012) Prescribed by GSA-FAR (48CFR 53.212

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED

INSPECTED

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ________________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER

CORRECTFOR

36. PAYMENT

COMPLETE PARTIAL

FINAL

37. CHECK NUMBER

PARTIAL

FINAL

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER

FOR PAYMENT

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

STANDARD FORM 1449 (REV.2/2012) BACK

PART I – THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

REFUSE COLLECTION/DISPOSAL

BLACK HILLS NATIONAL FOREST

BASE YEAR - NOVEMBER 1, 2019 THROUGH SEPTEMBER 30, 2020

01 HELL CANYON RANGER DISTRICT

02 MYSTIC RANGER DISTRICT

03 NORTHERN HILLS RANGER DISTRICT

04 SUPERVISOR’S OFFICE

05 BOXELDER JOB CORPS

A. Boxelder CCC

30CY Roll Off (Call as needed)

Estimated 3 trips per year

TOTAL FOR BASE YEAR

REFUSE COLLECTION/DISPOSAL

BLACK HILLS NATIONAL FOREST

SCHEDULE OF ITEMS

OPTION YEAR 1 - OCTOBER 1, 2020 THROUGH SEPTEMBER 30, 2021

01 HELL CANYON RANGER DISTRICT

02 MYSTIC RANGER DISTRICT

03 NORTHERN HILLS RANGER DISTRICT

04 SUPERVISOR’S OFFICE

05 BOXELDER JOB CORPS

A. Boxelder CCC

Estimated 3 trips per year

TOTAL FOR OPTION YEAR 1

SCHEDULE OF ITEMS

OPTION YEAR 2 - OCTOBER 1, 2021 THROUGH SEPTEMBER 30, 2022

01 HELL CANYON RANGER DISTRICT

02 MYSTIC RANGER DISTRICT

03 NORTHERN HILLS RANGER DISTRICT

04 SUPERVISOR’S OFFICE

05 BOXELDER JOB CORPS

A. Boxelder CCC

Estimated 3 trips per year

TOTAL FOR OPTION YEAR 2

SCHEDULE OF ITEMS

OPTION YEAR 3 - OCTOBER 1, 2022 THROUGH SEPTEMBER 30, 2023

01 HELL CANYON RANGER DISTRICT

02 MYSTIC RANGER DISTRICT

03 NORTHERN HILLS RANGER DISTRICT

04 SUPERVISOR’S OFFICE

05 BOXELDER JOB CORPS

A. Boxelder CCC

Estimated 3 trips per year

TOTAL FOR OPTION YEAR 3

SCHEDULE OF ITEMS

OPTION YEAR 4 - OCTOBER 1, 2023 THROUGH SEPTEMBER 30, 2024

01 HELL CANYON RANGER DISTRICT

02 MYSTIC RANGER DISTRICT

03 NORTHERN HILLS RANGER DISTRICT

04 SUPERVISOR’S OFFICE

05 BOXELDER JOB CORPS

A. Boxelder CCC

Estimated 3 trips per year

TOTAL FOR OPTION YEAR 4

TOTAL FOR BASE AND 4 OPTION YEARS

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

REFUSE COLLECTION

GENERAL

The contractor shall provide any and all labor, equipment, supplies, services, permits and licenses necessary in the collection, removal, and disposal of garbage and public refuse from the Black Hills National Forest sites for the base period from Notice to Proceed through September 30, 2020, with an additional four option years.

LOCATION OF WORK SITES

01 HELL CANYON RANGER DISTRICT

A. Custer Dwellings – The Custer Dwellings are located at 611 N 3rd, 623 N 3rd, and 765 N 3rd, Custer, SD.

B. Custer Work Center - The Custer Work Center is located at 807 N 3rd St, Custer, SD.

C. Custer Work Center Timber - The Custer Work Center is located at 807 N 3rd St, Custer, SD.

D. Tepee Work Center - The Tepee Work Center is located at 10625 US Hwy 16, Custer, SD.

02 MYSTIC RANGER DISTRICT

A. Mystic/RMRS Office and Warehouse - The Office is located at 8221 S. Highway 16, Rapid City, SD.

B. Great Plains Dispatch Center – The Center is located at 8123 S. Highway 16, Rapid City, SD.

C. Hill City Shop - The Hill City Shop is located at 24030 Hwy 385, approximately one mile south of Hill City, SD.

D. Allen Gulch Dwellings – The Allen Gulch Dwellings are located at 423 and 425 Maggie Load Rd., Hill City, SD.

03 NORTHERN HILLS RANGER DISTRICT

A. Spearfish Work Center - The Spearfish Work Center is located at 480 Tinton Road approximately 5 miles west of Spearfish, SD.

B. Nemo Work Center - The Nemo Work Center is located at 315 Nemo Road, Nemo, SD.

04 SUPERVISOR’S OFFICE

A. Forest Supervisor’s Office and Warehouse - The Forest Supervisor’s Office and Warehouse are located at 1019 N 5th, Custer, SD.

B. Tatanka Hot Shot Base- Tatanka is located at 12282 Tatanka Drive, Custer, SD.

C. Black Hills Helitack Base - Base is located at Custer Airport on 12220 Aviation Way Court Road, Custer, SD.

D. Rapid City Air Tanker Base – Base is located at Rapid City Regional Airport at 4040 FAA Rd, Rapid City, SD.

E. Black Hills National Forest Visitor’s Center - The Visitor Center is located at 22995 Hwy 385, approximately 15 miles west of Rapid City, SD.

05 BOXELDER JOB CORPS

A. Boxelder Civilian Conservation Center – The Center is located at 22023 Job Corps Place Nemo, South Dakota.

GOVERNMENT FURNISHED PROPERTY

The government will provide one 8 cubic yard container at the Boxelder Civilian Conservation Center.

CONTRACTOR FURNISHED CRITICAL ITEMS/SERVICES

The contractor must furnish all labor, supervision, transportation, equipment, tools, supplies and incidentals necessary to collect, remove, and dispose of garbage and public refuse, except for the materials supplied by the Government.

PREBID INSPECTION AND TOUR

There are no scheduled site visits for this contract; however, quoters are encouraged to visit the sites prior to submitting a quote.

PREWORK CONFERENCE

Prior to commencement of work, the Contracting Officer shall arrange a meeting with the Contractor to discuss the contract terms and work performance requirements. At this time the Contractor, shall designate, in writing, the name and phone number of the Contractor’s onsite representative/supervisor and their responsibilities.

CIRCUMSTANCES TO BE REPORTED

The Contractor or the Contractor’s employees will report to the Contracting Officer any circumstances of needed repairs of the facility or unusual soiling of an area which may affect the performance of the work and unhealthy or hazardous conditions. The Contractor or the Contractor’s employees will report to the Contracting Officer any vandalism, attempted break-ins or signs of attempted break-ins.

TECHNICAL SPECIFICATIONS

The following section describes the type of container and frequency of service to be performed at each site.

01 HELL CANYON RANGER DISTRICT

A. Custer Dwellings - Consists of three dwellings that are collocated on the Custer Work Center Site

1. Dwelling #3559 – Garbage is deposited in one residential sized contractor furnished container. Services shall be provided weekly.

2. Dwelling #3561 – Garbage is deposited in one residential sized contractor furnished container. Services shall be provided weekly.

3. Dwelling #3433 – Garbage is deposited in one residential sized contractor furnished container. Services shall be provided weekly.

B. Custer Work Center – Garbage is deposited in one - 4 cubic yard contractor furnished container. Services shall be provided every other week from October 1 through April 30. Services shall be provided weekly May 1 through September 30.

C. Custer Work Center TIMBER – Garbage is deposited in one - 4 cubic yard contractor furnished container. Services shall be provided every other week.

D. Tepee Work Center – (Tepee Work Center consists of two dwellings and one shop building).

1. Dwelling #3515 – Garbage is deposited in one - 2 cubic yard contractor furnished container. Container shall be serviced once a month from May 1 through September 30.

2. Dwelling #3519 – Garbage is deposited in one - 2 cubic yard contractor furnished container. Container shall be serviced once a month from May 1 through September 30.

3. Shop Building #3416 – Garbage is deposited in one - 2 cubic yard contractor furnished container. Container shall be serviced once a month from May 1 through September 30.

Contractor will be allowed to store containers on site during the winter months at an area designated by the Government. Contractor is responsible for moving the containers to and from the designated storage area.

02 MYSTIC RANGER DISTRICT

A. Mystic/RMRS Office & Warehouse- Garbage is deposited in two - 4 cubic yard contractor furnished containers. Services shall be provided once weekly.

B. Great Plains Dispatch Center- Garbage is deposited in one - 2 cubic yard contractor furnished container. Services shall be provided once weekly.

C. Hill City Shop - Garbage is deposited in one - 4 cubic yard contractor furnished container. Services shall be provided every other week from October 1 through April 30th. Services shall be provided weekly May 1 through September 30.

D. Allen Gulch Dwellings - Garbage is deposited in one - 2 cubic yard contractor furnished container. Services shall be provided once a month October 1 through April 30. Services shall be provided weekly May 1 through September 30.

03 NORTHERN HILLS RANGER DISTRICT

A. Spearfish Work Center - Garbage is deposited in one - 2 cubic yard contractor furnished container. Services shall be provided every other week from October 1 through April 30. Services shall be provided weekly May 1 through September 30.

B. Nemo Work Center - Garbage is deposited in one - 2 cubic yard contractor furnished container. Services shall be provided every other week from October 1 through April 30. Services shall be provided weekly May 1 through September 30.

04 SUPERVISOR’S OFFICE

A. Forest Supervisor’s Office and Warehouse – Garbage is deposited in two containers. One - 4 cubic yard contractor furnished containers at the end of parking lot number 2, and one – 2 cubic yard container located in the lower parking/storage lot of the warehouse. Services shall be provided once weekly.

B. Tatanka Hot Shot Base - Garbage is deposited in one - 2 cubic yard contractor furnished container. Services shall be provided every other week from October 1 through April 30. Services shall be provided weekly May 1 through September 30.

C. Black Hills Helitack Base - Garbage is deposited in one - 2 cubic yard contractor furnished container. Services shall be provided monthly from November 1 through April 30. Services shall be provided weekly May 1 through October 30.

D. Rapid City Air Tanker Base - Garbage is deposited in one - 2 cubic yard contractor furnished container. Services shall be provided monthly from October 1 through April 30. Services shall be provided weekly May 1 through September 30.

E. Black Hills National Forest Visitor’s Center – Container shall be one- 2 cubic yard contractor furnished container and will be metal. Service shall begin on the second full week in May and end the second full week in September. The containers will be emptied twice weekly (Monday and Friday).

05 BOXELDER JOB CORPS

A. Boxelder Civilian Conservation Center - Garbage is deposited in right - 2 cubic yard contractor furnished containers, one contractor furnished 6 cubic yard container, and one Government furnished 8 cubic yard container. The 8 and 6 cubic yard containers are located at the kitchen.

1. Warehouse - 1 - 2 cubic yard container.

2. Vocational Area – 1 - 2 cubic yard container.

3. Gym/Education Building Area – 1 - 2 cubic yard container.

4. Dorm 1 – 1 - 2 cubic yard container.

5. Dorm 2 – 1 - 2 cubic yard container.

6. Dorm 3 – 1 - 2 cubic yard container.

7. Dorm 4 – 1 - 2 cubic yard container.

8. Staff Housing – 1 - 2 cubic yard container.

Service shall be as follows: All (8) 2 cubic yard containers will be serviced every week on Wednesday. The government furnished 8-yard container and contractor furnished 6-yard container will be collected from the Dining Hall every week on Wednesday.

The 30 cubic yard roll off will be ordered as needed and shall be delivered within 24 hours. The Contracting Officer, Work Programs Officer, or Assistant Work Programs Officer, will order removal of the roll off when it is full and the roll off should be removed within 24 hours.

SAFETY

No part of this work shall be performed or installed in any location or manner which may endanger the health, safety, or welfare of any Forest Service employee, any Contractor’s employee, or the public, now or in the future. Means, methods, techniques, sequencing, etc. are the sole responsibility of the Contractor.

FEDERAL HOLIDAYS

Except as noted in the Schedule of Work, work will not be performed on the following federal government holidays, nor on holidays observed in lieu thereof:

New Year’s Day

Martin Luther King Day

Presidents’ Day

Memorial Day

Independence Day

Labor Day

Columbus Day

Veteran’s Day

Thanksgiving Day

Christmas Day

UNFORESEEN BUILDING CLOSURES

When an unforeseen building closure occurs on a regularly scheduled day of work, the Government shall have the option to reschedule the work or forego the work and reduce payment due to the Contractor accordingly for work not performed.

WEATHER

If weather such as a snow storm has occurred, and the scheduled pickup could not be made. Then the pickup shall be rescheduled for the next business day if weather allows.

QUALITY CONTROL PLAN (QCP)

The Service Provider shall submit to the Contracting Officer a written Quality Control Plan (QCP). The QCP shall designate the name of the Service Provider’s on-site representative/supervisor and shall describe how the Service Provider will maintain an acceptable quality of services being provided to the Government. The Service Provider shall submit a Monthly report to the Contracting Officer of services that were performed during that period.

PAYMENTS

Each month, Contractor performance will be compared to Contract Standards, Technical Specifications, and the Service Providers Quality Control Plan. The following table specifies the acceptable quality levels, method of surveillance and percentage of payment for that will be deducted on each item listed in the Technical Specifications. Monthly payments to the Contractor will be reduced for unsatisfactory performance in any of the elements listed.

Deduction Procedures: Payment deductions for garbage collected are based on number of average trips per month per location, the Acceptable Quality Level (AQL) and the payment percentage. The AQL for all sites is 100%. If a site is missed once, a deduction will be made on the payment for that site.

For example: The rate to pick up a container for one week is $20.00 and there are 4 pickups scheduled for that month that services are to be provided. The total owed for that particular service for the month is $80.00. If the AQL is 100% and a pickup was missed that was not weather related, the total due the Contactor for the month less the deductions is $60.00.

Multiple deductions are indicators of poor performance and will be grounds for further action including default procedures and/or not exercising the Government’s option to extend this contract to the option years.

PERFORMANCE REQUIREMENTS SUMMARY

(AQL)

DEDUCTED

Government Quality Assurance

Quality assurance will be performed by the Government during the contract at regular intervals. Methods may include visual survey and review of Contractor QCP. Deduction for work may include rework at no cost to the Government or Government Acceptance with price reduction.

SECTION D – PACKAGING AND MARKING

(No clauses in this section.)

SECTION E – INSPECTION AND ACCEPTANCE

52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.acquisition.gov/browsefar www.dm.usda.gov/procurement/policy/agar.htm 52 52.246-1 Contractor Inspection Requirements. (APR 1984)

53 52.246-4 Inspection of Services – Fixed-Price. (AUG 1996)

Section F -- Deliveries or Performance

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov/browsefar

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

AGAR 452.211-74 Period of Performance (FEB 1988) The period of performance of this contract is from Notice To Proceed through September 30, 2024. This period includes the base year plus 4 option years.

Section G -- Contract Administration Data

Designation OF CONTRACTING OFFICER’S REPRESENTATIVE

The Contracting Officer will designate a Contracting Officer's Representative (COR) at the time of contract award.

The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract).

On all matters that pertain to the contract terms the Contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

The COTR's major duties and responsibilities are contained in the Forest Service Handbook of Contract Administration. The COTR is delegated full authority under this contract except for the following actions which are reserved for the Contracting Officer:

1.

Approve Change Orders and Modifications

2.

Take action to terminate the contract for default or Government convenience.

3.

Make contract adjustments under the Differing Site Conditions clause.

4.

Grant extensions of contract time.

5.

Approve assignment of claims.

6.

Make final decisions under the Disputes clause.

7.

Make final acceptance under the contract.

8.

Make final decisions under the Suspension of Work clause.

9.

Make equitable adjustments.

10.

Authorize change in amount of Payment Retention.

11.

Approve subcontractors.

12.

Approve payments with deductions or final payment.

13.

Approve use and possession prior to completion.

14.

Enforce the warranty provisions.

PART II – CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

52.212-4 – CONTRACT TERMS AND CONDITIONS – COMMERICAL ITEMS (OCT 2018)

As stated in Block 27 of the SF 1449, this clause is incorporated by reference; however, in accordance with FAR 12.302, the following paragraph of this clause has been tailored, all other paragraphs remain unchanged.)

(c) Changes (tailored). Changes in the terms and conditions of this contract may be made only by written agreement of the parties. NOTE: Modifications to exercise contract options may be issued unilaterally at the Government’s sole discretion in accordance with the terms of FAR clause 52.217-9 listed below.

FAR 52.215-8 Order of Precedence – UNIFORM CONTRACT FORMAT (OCT 1997)

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

(a) The Schedule (excluding the specifications)

(b) Representations and other instructions

(c) Contract clauses

(d) Other Documents, exhibits, and attachments

(e) The Specifications

ADDENDUM TO FAR 52.212-4

FAR 52.252-2 - CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses:

https://www.acquisition.gov/far http://www.dm.usda.gov/procurement/policy/agar.html

AGAR

452.215-73 Post Award Conference

NOV 1996

452.224-70 Confidentiality of Information

FEB 1988

FAR

52.204-13 System for Award Management Maintenance

OCT 2018

52.204-18 Commercial and Government Entity Code Maintenance

JUL 2016

52.204-19 Incorporation by Reference of Representations and

DEC 2014

Certifications

52.223-2 Affirmative Procurement of Bio-based Products Under

SEP 2013

Service and Construction Contracts 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011

52.232-11 Extras

APR 1984

52.232-39 Unenforceability of Unauthorized Obligations

JUN 2013

52.232-40 Providing Accelerated Payments to Small Business

DEC 2013

Subcontractors 52.237-2 Protection of Government Buildings, Equipment, and Vegetation APR 1984

52.245-1 Government Property APR 2012

Alternate I APR 2012 52.245-9 Use and Charges APR 2012

AGAR 452.237-74 KEY PERSONNEL (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Supervisor

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

AGAR 452.237-75 RESTRICTIONS AGAINST DISCLOSURE (FEB 1988)

(a) The Contractor agrees, in the performance of this contract, to keep all information contained in source documents or other media furnished by the Government in the strictest confidence. The Contractor also agrees not to publish or otherwise divulge such information in whole or in part in any manner or form, or to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the Contractor's possession, to those employees needing such information to perform the work provided herein, i.e., on a "need to know" basis. The Contractor agrees to immediately notify in writing, the Contracting Officer, named herein, in the event that the Contractor determines or has reason to suspect a breach of this requirement.

(b) The Contractor agrees not to disclose any information concerning the work under this contract to any persons or individual unless prior written approval is obtained from the Contracting Officer. The Contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

END OF ADDENDUM TO 52.212-4

FAR 52.212-5 -- CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (AUG 2019)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 89(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

XX (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Nov 2016) of 52.219-9.

___ (iii) Alternate II (Nov 2016) of 52.219-9.

___ (iv) Alternate III (Nov 2016) of 52.219-9.

___ (v) Alternate IV (Aug 2018) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

XX (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

XX (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

___ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126 XX(27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

XX (28) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

___ (ii) Alternate I (Feb 1999) of 52.222-26.

___ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

___ (ii) Alternate I (July 2014) of 52.222-35.

XX (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

___ (ii) Alternate I (July 2014) of 52.222-36.

___ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

XX (33) (i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803 ___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514

___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

XX (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

___ (ii) Alternate I (Jan 2017) of 52.224-3.

___ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

___ (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332).

___ (56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

___ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

___ (iii) Alternate II (Feb 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495 XX (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67.).

XX (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

This Statement is for Information Only:

It is not a Wage Determination

Employee Class Monetary Wage – Fringe Benefits

31362 Truck Driver GS 7; $21.49 plus $4.27 Fringe Benefits *

*FRINGE BENEFITS: Life, Accident and Health Insurance and Sick Leave Programs - 5.1 percent of basic hourly rate. Paid Holidays - 10 per year: New Year's Day, Martin Luther King, Jr's Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day. Vacation - 13 days paid vacation per year up to 3 years of service, 20 days after 3 years of service, and 26 after 15 years of service. Retirement - 7 percent basic hourly rate.

XX (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C.206 and 41 U.S.C. chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

XX (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

XX (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jan 2019) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(vii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(viii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(ix) 52.222-35, Equal Opportunity for Veterans (Oct 2019) (38 U.S.C. 4212).

(x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(xi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(xii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xiii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67).

(xiv) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xvi) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xvii) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xix) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xx) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii)52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

FAR 52.217-8 - OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within thirty (30) calendar days.

FAR 52.217-9 - OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within thirty (30) calendar days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend within sixty (60) calendar days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed

5 years and 1 month.

FAR 52.232-18 – AVAILABILITY OF FUNDS (APR 1984)

Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

DEFINITIONS

Wherever in these provisions, or in other contract documents, the following terms, or pronouns in place of them, are used, the intent and meaning shall be interpreted as follows:

Calendar Days - Every day shown on the calendar, Saturdays, Sundays and holidays included.

Change Order - An order issued to the Contractor by the Contracting Officer, pursuant to the “Changes” clause included in Section I of this contract, requiring work to be performed, within the general scope of the contract.

Contracting Officer (CO) - The person executing this contract on behalf of the Government, including any duly appointed successor and authorized representatives of the Contracting Officer acting within the limits of his/her authority.

Contracting Officer's Representative (COR) - The on-site contract administrator for the Contracting Officer. The duties and responsibilities of the Contracting Officer’s Representatives are defined below in this Section or in a letter of designation issued by the Contracting Officer.

Contractor - The individual,…